Terms of service
These terms are the agreement between Maix (to be confirmed, registration number to be confirmed) ("we", "us") and the business that subscribes to Agentiva ("you", "the agency"). By activating an account or using the platform, you accept them on behalf of your business.
1. The service
Agentiva is online software that runs the administration behind residential lettings for estate agencies: collecting information from landlords and tenants, completing the agency’s own documents, and tracking each rental from mandate to returned deposit. It is a tool. It does not give legal, financial or property advice, and it does not act as an estate agent.
2. Accounts and access
- Accounts are set up by us after you subscribe. We give your administrator a one-time access code to choose a password.
- Your administrator decides who else at your agency gets access and what role they have.
- Keep passwords, sign-in codes and access codes private. You are responsible for what happens under your accounts, and must tell us promptly if you suspect misuse.
- The platform is for business use by people 18 or older.
3. Fees and payment
- The licence fee is R7,999 per month per agency, billed monthly in advance.
- Maix is not registered for VAT, so no VAT is charged.
- Payment is made directly to us by the method we agree with you. We will send an invoice for each month.
- We may suspend access if an invoice stays unpaid after we have reminded you in writing.
- We will give you at least 30 days’ written notice of any change to the fee.
4. Cancelling
You may cancel at any time by emailing ai@miax.co.za. Cancellation takes effect at the end of the month already paid for, and you will not be billed again. Fees already paid are not refunded, except as set out in our refund policy or where the law requires.
5. Your responsibilities
As the agency, you remain responsible for your own business and legal duties, including:
- having a lawful basis under POPIA to collect and use the personal information of the landlords, tenants and applicants you add, and telling them how it will be used;
- your obligations under the Property Practitioners Act, the Financial Intelligence Centre Act and any other law that applies to estate agencies;
- checking every document the platform produces before it is signed or sent, including any content suggested by the document-reading features;
- the accuracy of the information and documents you upload, and having the right to use your own document templates;
- using the platform lawfully and not attempting to access other agencies’ data, disrupt the service or copy the software.
6. Your data
You own the information and documents you put into Agentiva. You are the responsible party for the personal information in them, and we are your operator under POPIA. We will:
- process that information only to provide the service and on your instructions;
- keep it confidential and protect it with appropriate security measures;
- use only service providers bound to protect it, as listed in our privacy policy;
- tell you without undue delay if we believe it has been accessed without authorisation;
- on request when your subscription ends, give you a copy of your data and then delete it, except where the law requires us to keep it.
How we handle personal information is explained in our privacy policy.
7. Automated features
Some features use automated tools, including artificial intelligence, to read documents and suggest which details go where. Suggestions can be wrong. They are shown for a person at your agency to check, and decisions such as approving a tenant stay with you.
8. Availability and changes
We work to keep Agentiva available and working well, but we do not promise that it will be uninterrupted or free of errors. We may need to pause it for maintenance, and we may improve or change features. We will not remove a core feature you rely on without reasonable notice.
9. Intellectual property
We own the Agentiva software, design and name. Your subscription gives you a non-exclusive, non-transferable right to use it for your agency while you subscribe. Your own documents and templates remain yours.
10. Liability
To the extent the law allows:
- we are not liable for indirect or consequential loss, such as lost profits or lost business;
- we are not liable for loss caused by documents or decisions you did not check, or by information you or third parties entered;
- our total liability for any claim is limited to the fees you paid us in the three months before the claim arose.
Nothing in these terms limits liability that cannot legally be limited, or any rights you have under the Consumer Protection Act or the Electronic Communications and Transactions Act where they apply to you.
11. Suspension and ending the agreement
We may suspend or end access if these terms are seriously breached, if fees remain unpaid after notice, or if needed to protect the platform or other agencies. Where reasonable, we will warn you first and give you a chance to put things right.
12. General
- These terms are governed by the law of the Republic of South Africa, and South African courts have jurisdiction.
- If we cannot resolve a dispute by talking, either party may refer it to a competent court.
- We may update these terms. We will tell you about material changes at least 30 days before they apply.
- If part of these terms is found unenforceable, the rest still applies.
- Notices to us go to ai@miax.co.za. Our physical address for legal notices is to be confirmed.